건설산업기본법위반
Defendants shall be punished by a fine of KRW 2,000,000.
Defendant
If A does not pay the above fine, it shall be 100.
Punishment of the crime
Defendant
B is a juristic person established for the purpose of metal structure, creative construction business, etc., and Defendant A (61) is the representative member of Defendant B limited partnership company.
Except in cases where the ordering person has consented in writing as he/she deems it necessary to enhance the quality of works or the efficiency in performing works, no constructor shall re-inform a part of the contracted construction works to a constructor corresponding to the same type of business, and have another person receive a supply of or perform construction works by using his/her name or trade name.
1. Defendant A
A. On September 12, 2016, Defendant A was awarded a contract for D replacement work ordered by the Gyeonggi-do Suwon Education Support Agency for KRW 116,161,760, and Defendant A subcontracted the construction work and other construction work for KRW 70,900,00 for construction cost to E, a constructor who falls under the same type of business as a limited partnership B at a non-permanent place on September 2016 through October 2016 without obtaining written consent from the Gyeonggi-do Suwon Education Support Agency.
B. Defendant A entered into a subcontract as referred to in the foregoing paragraph (a), and had E, a company, a limited partnership company, perform the construction of glass and other construction work, which is part of the above replaced construction work.
2. Defendant B limited partnership company B (former trade name: limited partnership company C) caused Defendant A to commit the above violation as stated in the above 1.
Summary of Evidence
1. Defendants’ respective legal statements
1. Copy of the second examination protocol of the police officer concerning F;
1. A certified copy of the corporate registry, a construction contract, and an electronic tax invoice;
1. Application of Acts and subordinate statutes to a copy of the cost invoice of construction works, a copy of the process chart, or a copy of the work input schedule;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 96 subparag. 4, Article 29 subparag. 2, and Article 95-2 subparag. 2, of the Framework Act on the Construction Industry.